What to Expect at a Workers’ Compensation Hearing
You’ve been injured on the job, but your company has a workers’ compensation program in place.
After reporting the incident and seeing a doctor, you can make an official claim to get coverage for your medical bills and lost wages. At least, that is what is supposed to happen.
Workers’ compensation is an insurance program that is handled by insurance companies that specialize in these claims. As an insurance program, the carrier is entitled to conduct a thorough investigation into every claim. They are also entitled to deny claims just as you’ entitled to appeal. That appeal may lead to a workers’ compensation hearing.
That is when you need to reach out to a skilled workers’ compensation lawyer for guidance.
The attorneys at Belsky & Horowitz, LLC have a lot of experience supporting clients from all types of industries with their workers’ compensation hearings. We understand the law and how the system works. If you’re facing a workers’ compensation hearing, you might feel anxious, which is understandable. I
t will help you to know what you can expect from a workers’ compensation hearing to reduce your anxiety.
The Purpose of a Workers’ Compensation Hearing
You might be called into a workers’ compensation hearing mainly because of a dispute with your claim. You should have a general understanding of exactly what that dispute is centered on. In other words, this isn’t a courtroom drama with surprise witnesses. Here are some of the common reasons for the hearing:
Disputes with the Claim
After filing a claim with the Maryland Workers’ Compensation Commission, you might receive a hearing notice within 60 days. That typically means there is a dispute that is related to the claim. That dispute will be centered on whether the injury was sustained during work hours or the extent of your injuries.
Lack of Entitled Benefits
A hearing notice can go out without a challenge to the claim if you are not receiving a benefit that you’re entitled to. This is often associated with physical or occupational therapy. You might also have been prescribed therapy by your doctor but aren’t receiving the treatment because of payment issues.
Partial or Permanent Disability
Every initial workers’ compensation claim has a time limit based on your doctor’s recommendation.
For example, your doctor might recommend that you’ll be able to return to work after six weeks of recovery. However, after the six weeks, you still might not be fully healed. That is when you would have to apply for an extension. If you are unable to return to work in the same capacity or can’t work at all, your hearing will be focused on partial or permanent disability.
Hearing Locations
Although they are called hearings, they don’t take place at the courthouse. The site of your hearing will depend on your location. Typically, you’ll be assigned a hearing location that is close to your home.
You can find the list of site locations for the Maryland Workers Compensation Commission here.
If there are exceptional circumstances, such as you recovering in a location different from your home, your attorney can request a hearing site that won’t present too many challenges.
Who Takes Part in the Hearing?
For most hearings, you will need to be in attendance and provide testimony. There will also be attorneys present from the insurance carrier. Yes, that is “attorneys” plural. Fortunately, you can also have your legal team acting as your advocate.
There might be people in attendance in the hearing gallery, but they will most likely be other workers who have claim dispute issues. Additionally, witnesses might be called to support your claim or the insurer. Finally, there will also be security and a stenographer who will be making a transcript of the proceedings.
In some scenarios, the dispute is resolved, but a commissioner must pass an official order detailing the resolution. You might not need to attend that hearing because it’s just a formality.
What Happens at the Workers’ Compensation Proceeding?
On the morning of the hearing, you can meet early with your attorney to go over what will happen.
You might also meet with them in the days leading up to the hearing to prepare your testimony. If you are called to testify, you’ll most likely be asked to discuss who the injury occurred and what medical treatment you’ve been prescribed. You’ll also discuss why you might not be able to return to work.
One thing to keep in mind is that workers’ compensation does not pay for pain and suffering like you might be awarded in a personal injury claim. You won’t have to discuss how the injury has diminished your quality of life. All the commission is concerned about is where and when the injury happened and if you can go back to work.
You should not expect to have a decision handed down at the hearing. Depending on the circumstances, you could expect an answer within a few days to a few weeks.
Getting Support from an Experienced Attorney
A workers’ compensation hearing is the type of environment where the team from Belsky & Horowitz, LLC will provide support and guidance every step of the way. We won’t schedule the hearing until we’re confident that our clients are fully prepared.
We want to hear from you if you’ve gotten a notice from the Maryland Workers’ Compensation Commission.
